Motorcyclists are vulnerable to suffering catastrophic injuries when accidents occur. There are no federal mandates that dictate helmet use in the United States. However, California has strict helmet laws to protect riders and passengers in the Golden State.
Not everyone agrees with helmet laws, but they are still expected to follow the rules. So, what happens if you’re hurt in a motorcycle accident while riding without a helmet? California personal injury law states that you could still recover compensation if someone else’s negligence contributed to the crash. A Sacramento motorcycle accident lawyer from Demas Law Group can explain how the law applies to your case.
For more than two decades, our experienced Sacramento legal team has helped motorcycle accident victims recover the compensation they need after serious accidents. When the unthinkable happens, we are here to support you.
If you suffered injuries in a collision caused by a reckless or negligent motorist, call or contact us today for a free consultation with a knowledgeable motorcycle accident attorney.
Motorcycle Helmet Laws in Sacramento, CA
California law requires all motorcycle and motorized bike operators to wear a helmet. The helmet must be U.S. DOT compliant and fit snugly on the rider’s head. The helmet must also be fastened with straps, typically under the individual’s chin. Failure to wear a helmet can result in a fine of up to $250 and potentially a year of probation.
Eye protection is also an important feature. Riders should consider investing in a helmet with a shatter-resistant face shield to protect them from wind, dust, dirt, and debris. Goggles are another option, but they don’t offer the same level of protection as a face shield. Many helmets come with built-in face shields that can be lowered and locked into place.
Why Should You Wear a Helmet?
Many people believe riders over the age of 21 should be exempt from helmet requirements. But consider this statistic from the California Highway Patrol: In 1987, before the current helmet laws were in place, 77 percent of motorcycle fatalities involved victims over 21.
All motorcyclists are vulnerable to the devastating impacts of a motor vehicle collision. Cars have safety features like airbags, whereas motorcyclists only have the clothes on their backs and, hopefully, the helmet on their heads.
In the United States, there are over 4,500 motorcycle crash fatalities each year. At least 37 percent of those fatalities are the result of serious head injuries. Studies indicate that states with mandatory helmet laws see a reduction in motorcycle accident fatalities and significant traumatic brain injuries. In short, wearing a helmet can save your life.
Do Motorcycle Passengers Have to Wear Helmets?
Yes. California law requires all motorcycle passengers to wear helmets. It doesn’t matter if you are taking a quick joyride around the block or going on a long-haul adventure. By law, everyone must wear a U.S. DOT-compliant helmet on California roads.
Again, failing to wear a helmet can result in penalties such as fines and potentially probation. The penalty depends on whether the law enforcement official imposes a correctional fine or a safety hazard fine.
Motorcycle Helmet FAQs
Here are some things to keep in mind regarding helmet safety and your legal options if you get hurt in a crash.
How do I pick the right motorcycle helmet?
It is essential to pick a good helmet before you venture out onto the open road. To be compliant with state law, you will need to narrow your selection down to only those helmets that are U.S. DOT certified. These helmets will have a manufacturer mark indicating that they are U.S. DOT compliant.
Next, choose a helmet that fits snugly and comfortably. The helmet should not wiggle or feel loose in any area. It also needs to have straps to keep it from falling off if a motorcycle accident occurs. If you prefer to ride with goggles instead of a face shield, be sure that the helmet can accommodate the style you will be wearing.
For tips on picking the right helmet, the National Highway Traffic Safety Administration (NHTSA) provides a useful online guide.
When should I replace my helmet?
Replace your helmet any time you are involved in an accident. Helmets involved in even minor accidents can have invisible or hidden cracks that can impact their ability to protect you in future incidents.
You should also replace your helmet if it starts to feel too tight or too loose. An improperly fitted helmet won’t give you the level of protection you need. If your helmet has frayed straps, the padding is slipping or falling out, or there are other visible defects, get a new one immediately.
Can I recover compensation if I wasn’t wearing a helmet in a motorcycle crash?
California is a “pure comparative negligence” state. Under this system, an individual can recover compensation after an accident even if they played a role in causing it.
However, this system also dictates that the amount of compensation a person may recover can be decreased by the percentage of fault they bear for causing the accident. Essentially, a motorcyclist not wearing a helmet may recover compensation for their injuries, but the total amount of money they recover must be reduced by their portion of fault for the accident.
Make sure to discuss your case with a skilled California motorcycle accident lawyer before talking with the insurance company. An experienced attorney can help you determine the full value of your claim and fight for the maximum compensation available.
California Motorcycle Accident Statistics
The most recent statistics from the National Highway Traffic Safety Administration indicate that more than 5,000 U.S. motorcyclists died in collisions in a recent year. The Insurance Information Institute reports that there were 84,000 injuries related to motorcycle crashes during the same timeframe.
In California, the Office of Traffic Safety recorded 474 fatal motorcycle crashes in just one year. While that’s a decrease from the previous year, even one death is too many.
Contact Our Sacramento Motorcycle Accident Lawyers for Help With Your Case
If you have been seriously injured in a California motorcycle accident, an experienced attorney can push for the settlement you deserve. Even though motorcyclists are allowed to pursue compensation if they ride without a helmet, insurance adjusters are quick to use any violation of traffic laws to their advantage.
At Demas Law Group, we can protect you from unfair claims of fault and fight so that you are not under-compensated. Call or contact us now.
